California, United States of America
The following excerpt is from People v. Vega-Robles, 224 Cal.Rptr.3d 19, 9 Cal.App.5th 382 (Cal. App. 2017):
Section 186.22, subdivision (b)(1), provides in relevant part: "[A]ny person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang , with the specific intent to promote, further, or assist in any criminal conduct by gang members , shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows. ..." (Italics added.) " [S]pecific intent to benefit the gang is not required. What is required is the "specific intent to promote, further, or assist in any criminal conduct by gang members. ..." " ( People v. Leon (2008) 161 Cal.App.4th 149, 162, 73 Cal.Rptr.3d 786.)
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